Disputes over unpermitted construction on shared property can create significant conflicts between neighbors or co-owners. These disputes often arise when one party makes changes to the property without proper authorization, leading to legal and financial complications. Several legal options are available to resolve these issues.
Negotiation and mediation
The first step in resolving disputes is often through negotiation or mediation. These approaches allow both parties to communicate and reach a compromise without needing to involve the courts. Mediation, facilitated by a neutral third party, can lead to a faster, less expensive resolution that satisfies both sides.
Filing for an injunction
If negotiation fails, an affected party may file for an injunction. An injunction is a court order that can stop or reverse unpermitted construction. It is commonly used when the construction negatively impacts the shared property or violates property rights. The court will assess whether the construction caused any harm and determine whether the work must be halted or removed.
Lawsuit for damages
When unpermitted construction causes financial or structural harm, filing a lawsuit for damages may be necessary. The party who suffers from the illegal construction can seek compensation for repair costs, decreased property value, or other losses. Courts will assess the extent of the damage and award appropriate financial compensation to the injured party.
Enforcing local building codes
Local governments may intervene in cases of unpermitted construction. Most municipalities have strict building codes, and violating these can result in fines or penalties. In some cases, the local authorities may require the removal of the unpermitted structure or bring the construction up to code at the owner’s expense.
Legal options can vary by jurisdiction, so it is essential to consult a real estate attorney for guidance.
